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Story of Gable Cottage
Alan Payne Research and illustrations by Pam and Chris Ward October 2016 Have you ever looked at the deeds to your house and failed to understand what they really mean? This is fairly common because of the legal language used. Yet our modern understanding of freehold and leasehold tenure is much simpler than the rights existing in the Georgian and Victorian periods. This story tells the history of a single property, Gable Cottage, Wadswick after 1755, based on the deeds and documents available. |
Painting of Wadswick building of unknown date (courtesy Pam & Chris Ward)
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The Property in 1755
We first came across Gable Cottage in 1755 when it was let on a 1,000 year lease by the owner Thomas Long of South Wraxall to James and William Dory of Box, brothers, at a rent of 2 shillings.[1] The property comprised a cottage and forty lug (an area of land forty times 15 feet, 1 inch) of land adjoining thereto ... adjoining the highway against Wormwood. The 40 lugs were divided between 16 lugs to the north of the house and 24 lugs to the south.
The Dory brothers had occupations in addition to being farmers. These were given in later documents when they were referred to as James Dory, scribler (a person who prepared raw wool for spinning) and William Dory, tile digger.[2] The Dory family retained an interest in the property for nearly a century, even after they ceased to live in Wadswick and when it passed through the female line of their family.
We first came across Gable Cottage in 1755 when it was let on a 1,000 year lease by the owner Thomas Long of South Wraxall to James and William Dory of Box, brothers, at a rent of 2 shillings.[1] The property comprised a cottage and forty lug (an area of land forty times 15 feet, 1 inch) of land adjoining thereto ... adjoining the highway against Wormwood. The 40 lugs were divided between 16 lugs to the north of the house and 24 lugs to the south.
The Dory brothers had occupations in addition to being farmers. These were given in later documents when they were referred to as James Dory, scribler (a person who prepared raw wool for spinning) and William Dory, tile digger.[2] The Dory family retained an interest in the property for nearly a century, even after they ceased to live in Wadswick and when it passed through the female line of their family.
Freehold and Leasehold Interests
At this stage, we need to take a detour to a map of 1840 to understand the confusing mix of conflicting interests by which the property was owned. There could be many different types of ownership of the same land, including the freehold interest, a lease of 1,000 years, sub-leases for a specific number of years, then rent from year to year usually to the occupier. In addition, there were ground rent charges (separate from rents), rights of entry and easements which could attract an interest, and restrictive covenants. Running alongside these rights was the interest of any mortgagor, who lent money to fund acquisitions and often retained a security on the property. Unfortunately the deeds do not always clarify the position, so we start with the freehold interest.
At this stage, we need to take a detour to a map of 1840 to understand the confusing mix of conflicting interests by which the property was owned. There could be many different types of ownership of the same land, including the freehold interest, a lease of 1,000 years, sub-leases for a specific number of years, then rent from year to year usually to the occupier. In addition, there were ground rent charges (separate from rents), rights of entry and easements which could attract an interest, and restrictive covenants. Running alongside these rights was the interest of any mortgagor, who lent money to fund acquisitions and often retained a security on the property. Unfortunately the deeds do not always clarify the position, so we start with the freehold interest.
The 1840 Tithe Apportionment map (below) gives great insight into the complexity of these landholdings. The land referenced 708 was a garden running alongside Wadswick Lane which was divided into two different ownerships, 708a and 708b. These were the lugs referred to in the deed of 1755. Reference 708a was owned by Walter Long, Esquire, leased to Joseph Dory and occupied by Thomas Jordan. The garden, reference 708b, was owned by different people; the freehold was held by William Brook Northey and Edward Richard Northey, then a 1,000 year lease interest owned by William Brown, then a short lease by James Arlett and finally occupied by Charles Smith.
1840 Tithe Apportionment map (courtesy Wiltshire History Centre)
There are other lands nearby owned by similar people to those at 708b: two cottages and gardens listed at references 691 and 692. Both were leased from William Brook Northey and Edward Richard Northey with under-leases to William Brown, then a sub-lease to James Arlett and occupied on short-term rental basis by William Pillinger (691) and Gifford Head (692).
The importance of the detailed tithe record is that we can recognise that today's Gable Cottage evolved out of two holdings:
708 and 692. The reference 708 was the Dorey and Carter land recorded below; and the land at 692 is Gable Cottage referred to below when it was held by Lee, Eyles and Shell. So back to our chronological history.
Involvement of Guardians of the Poor
The property at reference 692 in the map above is the first mention we have of Gables Cottage and the same reference was used in a document dated 1779. In that year the ownership took a surprising turn when it was leased by Edward Lent, labourer, to Edward Lee, Gentleman, in trust for the churchwardens and the Overseers of the Poor, for the provision of him and his family by the parish of Box.[3] The property was identified as now occupied by Eleanor Lent, sister of Edward Lent and the grant was clearly intended to keep Eleanor (a single woman) out of the workhouse, or even expulsion from Box village if she had been born outside the parish.
By 2 March 1790 Edward and Eleanor had both died. The property passed to their son, Thomas Lent, a labourer late of Box before he moved to Kelston, Somerset, and brother of Eleanor Lent, late of Wadswick, spinster (deceased). Then came a complicated property transaction. Thomas rented it to Edward Lee of Rudloe for 5 shillings[4] and the following day the property was released from the rent when Edward Lee paid Thomas Lent £2.2s for the leasehold reversion.[5] This was an attempt to clear out some of the rights which went with the interests of the Guardians and with Eleanor. But it may not have been sufficiently clear.
In 1792 the property was subject to a Lease and Release transaction, to clear up any remaining obligations on the leasehold and allow the property to become a freehold.[6] The cottage was leased by Edward Lee formerly one of the Overseers, to Thomas Shell for 5 shillings. Thomas Shell was also a trustee for the churchwardens and the overseers. Box's local authorities were sufficiently concerned about the complexity of the arrangement to include fellow churchwardens William Rogers, William Cottle, James Cottle and James Westcott in the document.[7] The properties were released the next day when Thomas Shell paid Edward Lee £14.14s for the freehold reversion, which presumably included Eleanor's maintenance costs paid by Edward since 1779. We know that these are Gable Cottage because it was described as cottage or tenement and garden situate at Wadswick, late in the occupation of Jacob Shell, now John Newman, both of whom are referred to below.
On 28 April 1809 Thomas Shell, of Wadswick, mason, gave a leasehold interest in Gable Cottage (cottage formerly in the tenure or occupation of Jacob Shell, late of John Newman and Hester Hawkins) for 5s and one peppercorn to William Brown, Gentleman.[8] The next day William Brown, Gentleman, bought the freehold interest for £25 from Thomas Shell, the freeholder, and John Day of Wormwood, the tenant to hire.[9] We have seen elsewhere on the website how the Brown family of yeoman farmers developed an estate at Wadswick.[10]
The importance of the detailed tithe record is that we can recognise that today's Gable Cottage evolved out of two holdings:
708 and 692. The reference 708 was the Dorey and Carter land recorded below; and the land at 692 is Gable Cottage referred to below when it was held by Lee, Eyles and Shell. So back to our chronological history.
Involvement of Guardians of the Poor
The property at reference 692 in the map above is the first mention we have of Gables Cottage and the same reference was used in a document dated 1779. In that year the ownership took a surprising turn when it was leased by Edward Lent, labourer, to Edward Lee, Gentleman, in trust for the churchwardens and the Overseers of the Poor, for the provision of him and his family by the parish of Box.[3] The property was identified as now occupied by Eleanor Lent, sister of Edward Lent and the grant was clearly intended to keep Eleanor (a single woman) out of the workhouse, or even expulsion from Box village if she had been born outside the parish.
By 2 March 1790 Edward and Eleanor had both died. The property passed to their son, Thomas Lent, a labourer late of Box before he moved to Kelston, Somerset, and brother of Eleanor Lent, late of Wadswick, spinster (deceased). Then came a complicated property transaction. Thomas rented it to Edward Lee of Rudloe for 5 shillings[4] and the following day the property was released from the rent when Edward Lee paid Thomas Lent £2.2s for the leasehold reversion.[5] This was an attempt to clear out some of the rights which went with the interests of the Guardians and with Eleanor. But it may not have been sufficiently clear.
In 1792 the property was subject to a Lease and Release transaction, to clear up any remaining obligations on the leasehold and allow the property to become a freehold.[6] The cottage was leased by Edward Lee formerly one of the Overseers, to Thomas Shell for 5 shillings. Thomas Shell was also a trustee for the churchwardens and the overseers. Box's local authorities were sufficiently concerned about the complexity of the arrangement to include fellow churchwardens William Rogers, William Cottle, James Cottle and James Westcott in the document.[7] The properties were released the next day when Thomas Shell paid Edward Lee £14.14s for the freehold reversion, which presumably included Eleanor's maintenance costs paid by Edward since 1779. We know that these are Gable Cottage because it was described as cottage or tenement and garden situate at Wadswick, late in the occupation of Jacob Shell, now John Newman, both of whom are referred to below.
On 28 April 1809 Thomas Shell, of Wadswick, mason, gave a leasehold interest in Gable Cottage (cottage formerly in the tenure or occupation of Jacob Shell, late of John Newman and Hester Hawkins) for 5s and one peppercorn to William Brown, Gentleman.[8] The next day William Brown, Gentleman, bought the freehold interest for £25 from Thomas Shell, the freeholder, and John Day of Wormwood, the tenant to hire.[9] We have seen elsewhere on the website how the Brown family of yeoman farmers developed an estate at Wadswick.[10]
A second illustration of Wasdwick cottage believed to be Wasdwick Farmhouse neighbouring Gable Cottage (courtesy Pam & Chris Ward)
Mortgage Interests
If you think these holdings are complicated, there is another aspect still to be considered, the rights of the mortgagors. As the Brown family expanded their farming business, they used smaller assets to fund their venture. Gable Cottage was put up as security for a mortgage from Ambrose Eyles in January 1841.[11] The property was described as that included in the indenture of 1809 formerly in the occupation of Jacob Shell, now occupied by Thomas Jordan. Another cottage was also mentioned as part of the mortgage, lately erected, adjoining thereto (Gable) now in the occupation of John Newman, perhaps a property development in one of the outbuildings. It appears that John Day had retained some interest in Gable Cottage as he is also mentioned in the deed as tenant.
The deal only lasted a few months because Ambrose Eyles died intestate in October 1841.[12] His son, Thomas Eyles then entered a complicated arrangement for John Shaul of Melksham, shoemaker, to take over the debt paying £100 to clear the Eyles mortgage and £6 to James Day the tenant. The arrangement was even more complicated because John Shaul borrowed his loan from Edward Morton Daniel of Melksham, Gentleman, who was the ultimate mortgagor. The deeds give an interesting description of the properties, the cottage occupied by Jacob Shell, then John Newman, then Hester Hawkins, now by Mary Mumford. And an adjoining cottage lately erected, now occupied by John Newman. As we have seen, the properties were reportedly built by the same person, Thomas Dory, so we might imagine that the second property was a sub-division of Gable (and perhaps re-vamp of the building) by John Newman. John Shaul, the first mortgagor, died in January 1848 and left his assets to be sold by his cousins and the money held on behalf of his minor son.[13]
In 1851 we get confirmation of the two cottages: the first property was formerly held by Jacob Shell, afterwards John Newman, then Hester Hawkins, late in the occupation of May Mumford, then of William Humphries and now William Newman; and the other the cottage adjoining formerly occupied by John Newman, now Jane Newman.[14] By 1851 they were held on trust by William Cook, London ironmonger, Robert Shaul, Melksham leather dealer, and Benjamin Shaul, confectioner of Trowbridge, on behalf of John Shaul, Gent, who died on 23 January 1848. In accordance with the will the property was sold to WJ Brown, yeoman, bachelor.
If you think these holdings are complicated, there is another aspect still to be considered, the rights of the mortgagors. As the Brown family expanded their farming business, they used smaller assets to fund their venture. Gable Cottage was put up as security for a mortgage from Ambrose Eyles in January 1841.[11] The property was described as that included in the indenture of 1809 formerly in the occupation of Jacob Shell, now occupied by Thomas Jordan. Another cottage was also mentioned as part of the mortgage, lately erected, adjoining thereto (Gable) now in the occupation of John Newman, perhaps a property development in one of the outbuildings. It appears that John Day had retained some interest in Gable Cottage as he is also mentioned in the deed as tenant.
The deal only lasted a few months because Ambrose Eyles died intestate in October 1841.[12] His son, Thomas Eyles then entered a complicated arrangement for John Shaul of Melksham, shoemaker, to take over the debt paying £100 to clear the Eyles mortgage and £6 to James Day the tenant. The arrangement was even more complicated because John Shaul borrowed his loan from Edward Morton Daniel of Melksham, Gentleman, who was the ultimate mortgagor. The deeds give an interesting description of the properties, the cottage occupied by Jacob Shell, then John Newman, then Hester Hawkins, now by Mary Mumford. And an adjoining cottage lately erected, now occupied by John Newman. As we have seen, the properties were reportedly built by the same person, Thomas Dory, so we might imagine that the second property was a sub-division of Gable (and perhaps re-vamp of the building) by John Newman. John Shaul, the first mortgagor, died in January 1848 and left his assets to be sold by his cousins and the money held on behalf of his minor son.[13]
In 1851 we get confirmation of the two cottages: the first property was formerly held by Jacob Shell, afterwards John Newman, then Hester Hawkins, late in the occupation of May Mumford, then of William Humphries and now William Newman; and the other the cottage adjoining formerly occupied by John Newman, now Jane Newman.[14] By 1851 they were held on trust by William Cook, London ironmonger, Robert Shaul, Melksham leather dealer, and Benjamin Shaul, confectioner of Trowbridge, on behalf of John Shaul, Gent, who died on 23 January 1848. In accordance with the will the property was sold to WJ Brown, yeoman, bachelor.
The Carter Family
In 1845 Gable was referred to as two cottages when George Carter, of Warminster, inn-holder, paid £40 to Jacob Doery, of Blackfriars, Surrey, grocer, and Samuel Batchelor, Gentleman of Bath, for a freehold estate as a Lease and Release in two messuages (dwelling houses and land) at Wadswick. The premises were described as occupied by Isaac Newman and Robert Carter, father of George Carter and Amy, his wife (late Amy Doery).[15] The deed goes on to say that the properties were built by Thomas Dory, father of Isaac Dory, and upon his death went to Jacob Dory. We will see later how Gables Cottage came to be described as two cottages in the early 1800s but the deed confirms that they were built at the same time by Thomas Dory.
The land was bounded on the north by William Brown and south and east by Wormwood Lane to a vill called Chapel Plaister and garden of Joseph Holder and on the west by land occupied by Thomas Burt.
Twenty years later in 1865 George Carter (now living in Dursley) was deeply in debt and owed John Warren of Warminster the sum of £384.4s.6d. The security for the loan was this property at an interest rate of 5%.[16] A year later John Warren died and his wife Louisa and William Ludgrove held his assets on trust.
The unwinding of the loan is interesting. By 1878 the loan had been reduced to £250, interest having been fully paid and the properties were put up for sale to clear more of the amount.[17] One hundred pounds was paid to the mortgagors, Louise Warren, widow of John, and William Snelgrove, of Heytesbury, maltster, to clear more of the loan. A balance of £15.10s went to George Carter for his interest. By now the properties were said to be occupied by John Knott and Mrs Webb but there is an additional person named, John Witchard, of Wadswick, labourer.
John Witchard had an un-named interest and his name recurs in 1879 on his death.[18] He had left his assets to his wife and four children but had failed to name an executor for his will. It took ten years for the family to obtain Letters of Administration even though the estate comprised only these properties and £5 personal estate. His son, Henry Witchard of Wadswick occupied one property and Henry Helps was tenant of the other. They were both bought by William Jeffery Brown of Middlehill House for £80.
In 1845 Gable was referred to as two cottages when George Carter, of Warminster, inn-holder, paid £40 to Jacob Doery, of Blackfriars, Surrey, grocer, and Samuel Batchelor, Gentleman of Bath, for a freehold estate as a Lease and Release in two messuages (dwelling houses and land) at Wadswick. The premises were described as occupied by Isaac Newman and Robert Carter, father of George Carter and Amy, his wife (late Amy Doery).[15] The deed goes on to say that the properties were built by Thomas Dory, father of Isaac Dory, and upon his death went to Jacob Dory. We will see later how Gables Cottage came to be described as two cottages in the early 1800s but the deed confirms that they were built at the same time by Thomas Dory.
The land was bounded on the north by William Brown and south and east by Wormwood Lane to a vill called Chapel Plaister and garden of Joseph Holder and on the west by land occupied by Thomas Burt.
Twenty years later in 1865 George Carter (now living in Dursley) was deeply in debt and owed John Warren of Warminster the sum of £384.4s.6d. The security for the loan was this property at an interest rate of 5%.[16] A year later John Warren died and his wife Louisa and William Ludgrove held his assets on trust.
The unwinding of the loan is interesting. By 1878 the loan had been reduced to £250, interest having been fully paid and the properties were put up for sale to clear more of the amount.[17] One hundred pounds was paid to the mortgagors, Louise Warren, widow of John, and William Snelgrove, of Heytesbury, maltster, to clear more of the loan. A balance of £15.10s went to George Carter for his interest. By now the properties were said to be occupied by John Knott and Mrs Webb but there is an additional person named, John Witchard, of Wadswick, labourer.
John Witchard had an un-named interest and his name recurs in 1879 on his death.[18] He had left his assets to his wife and four children but had failed to name an executor for his will. It took ten years for the family to obtain Letters of Administration even though the estate comprised only these properties and £5 personal estate. His son, Henry Witchard of Wadswick occupied one property and Henry Helps was tenant of the other. They were both bought by William Jeffery Brown of Middlehill House for £80.
In 1875 the ultimate freehold in the properties, held by William Brook Northey and Edward Richard Northey, was sold.[19]
In total ten acres were sold to William Jeffery Brown for £650, including two cottages and three gardens held by John Newman, amounting to 1 acre and 22 perches. They were identified as references 691, 692 and 708 on the 1840 Tithe Apportionment map.
In total ten acres were sold to William Jeffery Brown for £650, including two cottages and three gardens held by John Newman, amounting to 1 acre and 22 perches. They were identified as references 691, 692 and 708 on the 1840 Tithe Apportionment map.
Gable Cottage and many surrounding holdings passed into the ownership of the Hayward family after William Brown.
They suffered the same legal complications that are discussed above but when Pam Ward bought Gable Cottage from
her grandfather's estate in the 1975 the law had changed.
Some of these complications were resolved by massive changes in the law concerning property in 1925 with six different Acts of Parliament. These reduced the interests in a property to two, the lease and the freehold reversion and abolished all the others. They ended the need for Lease and Release arrangements and made the transfer or sale of land very much easier than it was for our Georgian and Victorian ancestors. They also introduced the registration of land which encouraged the identification of property by an address, rather than previous occupants.
They suffered the same legal complications that are discussed above but when Pam Ward bought Gable Cottage from
her grandfather's estate in the 1975 the law had changed.
Some of these complications were resolved by massive changes in the law concerning property in 1925 with six different Acts of Parliament. These reduced the interests in a property to two, the lease and the freehold reversion and abolished all the others. They ended the need for Lease and Release arrangements and made the transfer or sale of land very much easier than it was for our Georgian and Victorian ancestors. They also introduced the registration of land which encouraged the identification of property by an address, rather than previous occupants.
References
[1] Lease, 26 March 1755
[2] Assignment, 19 September 1873
[3] Lease, 24 May 1779
[4] Lease, 2 March 1790
[5] Release, 3 March 1790
[6] Lease, 25 October 1792
[7] Release, 26 October 1792
[8] Lease, 28 April 1809
[9] Sale, 29 April 1809
[10] See article on William Jeffery Brown
[11] Mortgage, 23 January 1841
[12] Deed, 5 May 1842
[13] Will of John Shaul, 17 July 1847
[14] Sale, 28 August 1851
[15] Sale, 24 March 1845
[16] Deed, 5 June 1869
[17] Conveyance, 10 October 1878
[18] Deed, 23 December 1889
[19] Sale, 19 June 1875
[1] Lease, 26 March 1755
[2] Assignment, 19 September 1873
[3] Lease, 24 May 1779
[4] Lease, 2 March 1790
[5] Release, 3 March 1790
[6] Lease, 25 October 1792
[7] Release, 26 October 1792
[8] Lease, 28 April 1809
[9] Sale, 29 April 1809
[10] See article on William Jeffery Brown
[11] Mortgage, 23 January 1841
[12] Deed, 5 May 1842
[13] Will of John Shaul, 17 July 1847
[14] Sale, 28 August 1851
[15] Sale, 24 March 1845
[16] Deed, 5 June 1869
[17] Conveyance, 10 October 1878
[18] Deed, 23 December 1889
[19] Sale, 19 June 1875